Pro Bono Honoree: November 2008
Leah Shough, Manatt, Phelps & Phillips, LLP

Leah Shough, our pro bono honoree, has been giving back since she was an undergraduate at Berkeley, volunteering as a Tagalog translator. At Boalt Law School she volunteered at the Immigration and Employment Law Clinics and at her first job out of law school worked pro bono with Legal Services for Entrepreneurs and the Federal Public Defender’s office in San Francisco.

These days Leah is a corporate law associate with Manatt, Phelps & Phillips in Palo Alto and continues to give back to her community. “One of the things I really like about working here is that Manatt not only allows but strongly encourages pro bono work” Leah said.

On Leah’s second day at Manatt, she attended a Conservatorship Project training, a new pro bono venture of the Legal Aid Society of San Mateo County. The day of the training Legal Aid offered Leah a conservatorship case which she immediately took.

The case involved a mother, Leah’s client, and her 17 year old severely disabled son “Daniel”. Daniel was born severely disabled, not able to speak or do anything for himself. His doctors estimated that his development would be equal to that of a two year old child. Daniel would do things like touch a hot stove, not knowing it was dangerous. Daniel’s mother, a mono-lingual Spanish speaker, had always taken care of him and she was rightly concerned that as his 18th birthday approached she would no longer be legally allowed to make decisions for him.

A conservatorship is usually needed when a person being cared for is not able to make health, financial or other life decisions for him or herself. There are two main types of conservatorships not related to monetary rights: general and limited. A general conservatorship turns over all legal rights and decisions to a conservator and is needed when the ward is severely disabled. A limited conservatorship turns over some legal rights, leaving limited rights for the ward.

Leah and her client sought a limited conservatorship over Daniel. The matter was quite urgent since Daniel would turn 18 in just a few months. The conservatorship was hotly opposed by center for people with disabilities that seeks to retain full legal rights for disabled persons. Unfortunately this center took to threatening Daniel’s mother to scare her off seeking a conservatorship. They falsely told her that if she sought the conservatorship she could be deported and Daniel could lose his SSI benefits which they both depended on. 

The hearing took place right before Daniel’s birthday; Daniel came to court with his mother and Leah to decide what their fate would be. Upon seeing Daniel’s severe state of disability, the judge rejected the center’s report in opposition to the conservatorship. After hearing positive recommendations from the social worker, court investigator and Daniel’s court assigned attorney, the judge granted a general conservatorship to Daniel’s mother due to the severity of Daniel’s disability and his mother’s clear dedication to his care. Now Daniel can be protected and cared for by his mother as he always has been.

“It’s a different kind of reward to work with a client, really be able to contribute and see the case from start to finish.” Leah said. Veronica Cerruti from Manatt’s Trusts & Estates practice and Legal Aid’s conservatorship expert Margaret Martin helped guide Leah through the case. Leah hopes to take more pro bono cases in the future and help other vulnerable people in need in her community.